The defence had also questioned the inconsistencies in the three dying declarations given by the victim before she succumbed to her injuries at a Singapore hospital.
The court, however, junked the same saying that the Supreme Court had dwelt elaborately on the matter of dying declarations and it had held that it was " not required for multiple dying declarations to be identical with each other to pass the test of admissibility" .
Addressing the contention that Vandana had made four dying declarations
which were inconsistent and could not be relied upon, the court said: "When the (trial) court is satisfied that the dying declaration
is voluntary, not tainted by tutoring or animosity, and is not a product of the imagination of the declarant, in that event there is no impediment in convicting the accused on the basis of such dying declaration
Multiple forms of dying declarations
are accepted in courts of law.
34) Conceding that they may be testimonial, the Court declined to make an explicit exception to the application of the Confrontation Clause for dying declarations
6) The difficulty in containing abortion in the early to mid 1800s was due to the fact that there were no corpses, no autopsies, few if any witnesses, second-hand declarations, dying declarations
Of the doctrines that authorize the admission of special classes of hearsay, the doctrine relating to dying declarations
is the most mystical in its theory and traditionally among the most arbitrary in its limitations.
Reagan, "'About to Meet Her Maker': Women, Doctors, Dying Declarations
, and the State's Investigation of Abortion, Chicago, 1867-1940," Journal of American History 77 (March 1991): 1248.
First, there is no historical evidence that the framers were concerned about declarants who realized their statements might make it to court while they stayed home, and to the extent that English law of the late 18th Century admitted dying declarations
For example, the ruling expressly leaves open the question of whether a "dying declaration
" could be used: "[M]any dying declarations
may not be testimonial.
Those with a hearty appetite for the whiz of bullets, the bang of artillery, dying declarations
, famous last words, and eyewitness accounts of the face of battle will not be disappointed.
76) Such dying declarations
had special force in court, having the status of sworn testimony.